A. On February 8, 2011, Defendant C ordered Defendant B (hereinafter “B”) to undertake remodeling works for the 3 and 4th floor of the E Hospital located in Suwon-si, Suwon-si.

B. On July 12, 2011, the Plaintiff was awarded a subcontract by Defendant B for the part of the funeral construction work, such as double and floor studs, among the subcontracted construction works, with the construction cost of KRW 91,370,000 (additional tax rate).

C. Defendant C, among the above construction works, awarded a subcontract for additional remodeling works on the building 1 and 2 of the above hospital building in Defendant B, and the Plaintiff was awarded a subcontract for the above 1,200,000 won by Defendant B around September 201.

On November 2011, the Plaintiff completed the construction work for the Middleman.

E. Meanwhile, on September 4, 2014, Defendant C received a rehabilitation decision in Seoul Central District Court Decision 2014dan10069, and in the above decision, Defendant C did not appoint a separate administrator with respect to Defendant C and deemed Defendant C as a custodian. Accordingly, Defendant C taken over the lawsuit of the instant case against the debtor for rehabilitation of the instant case (hereinafter “litigation”).

[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Although the Plaintiff filed a claim against Defendant B completed all the construction works contracted with Defendant B, Defendant B paid only KRW 29,400,000 to the Plaintiff.

Therefore, Defendant B is jointly and severally liable to pay the Plaintiff the unpaid construction cost of KRW 102,370,000 (i.e., KRW 40,400,000 - KRW 29,400,000) and damages for delay, jointly and severally with Defendant C who agreed to pay the construction cost to the Plaintiff as the ordering person of the said construction project.

B. As Defendant C agreed to pay the construction cost to the Plaintiff as the person ordering the above construction work, Defendant C, who is the rehabilitation debtor, sought confirmation of KRW 102,370,000 for the Plaintiff’s rehabilitation claim against Defendant C, who is the rehabilitation debtor.

3. Determination

A. Determination as to the claim against the defendant B